Bill Digital: two developments directly affect the business

Possibility to report a review of consumer fraud, sanctions are increased in case of violation of the protection of personal data of the consumer... Zoom on the draft law put forward by Axelle Lemaire.

It has recently been adopted on 3 may by the Senate, on first reading. The bill for a Republic, Digital, whose particularity is to have been the subject of a public consultation on the internet, is subject to review under the expedited procedure. This means that there will be no second reading by the Parliament, but simply the organization of a mixed joint commission (CMP), to try to find a compromise between the texts adopted by the two chambers. Here are the points base, which may be of interest to businesses.

personal information

The Parliament has increased the level of financial sanctions that may be taken by the national Commission on informatics and liberties (Cnil) who find, on the part of a company, a breach of personal data protection of consumers. Up to now, the fine could not exceed 150,000 euros, or 300,000 euros in case of recidivism. The Assembly increased the ceiling to 4% of annual turnover in the world. The Senate returned to this provision, limiting the amount of the penalty to € 1.5 million. The last word will belong to the CMP.

Failing to allow group actions, the members of parliament had voted, in the draft law, the possibility for some actors to take collective action, in civil cases, to put a stop to the violation of the protection of personal data. This right was thereby conferred to associations specialized in the field of data protection, to consumer associations, or even unions. The representatives of the upper house have removed this device. Remains to be seen if the MCC of the would return.

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in addition, they will have to put on foot "a free feature that allows you to responsible for any products or services that are the subject of a notice to him to report a suspicion on the authenticity of the latter". The latter will of course have to motivate their reporting, in other words, provide evidence of what they are saying.